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A copy of a letter sent to the editor of the Vancouver Sun by Sindihl.

Letter to the Editor: "Cops interrogate Chiefs over Vancouver Sun Article"

As a result of comments made in a recent Vancouver Sun article (Old Disputes Cast Dark Shadow on Land Claims, May 1, 2000), RCMP in northwest B.C. interrogated Gitanyow Hereditary Chiefs this past week. The article by Stephen Hume pointed out the Gitanyow's connection to the Mid-Nass River Watershed in northwest B.C. and the Gitanyow's "fight" to protect its aboriginal rights and title.

This past week, as the Nisga'a celebrated its modern-day treaty, Hazelton RCMP officers in bullet-proof vests interrupted a treaty negotiation de-briefing session to interrogate Hereditary Chief Harry Daniels and Chief Negotiator Glen Williams, who were featured in the Hume article. The officers are investigating comments the chiefs made about some of the feelings the Gitanyow have on the ratification of the Nisga'a Final Agreement and its profound impact on the Gitanyow people's rights and title to about 6500 square kilometers in the Mid-Nass Valley, which have never been extinguished by treaty or agreement.

Since the passing of Bill C-9, Chiefs and community members - frustrated by a government who chooses to turn its back on blatant land grabs (competing claims) - expressed anger and came up with ideas to protect their traditional territory, something Glen Williams commented on in the Sun article. Williams said that the only time RCMP or government listens is when there's violence or someone gets shot. He was referring to an incident that took place in Gitanyow territory about 5 years ago when some Nisga'a hunters threatened at gun-point 4 members of the Gitanyow and told them to "get off our land." Charges were never laid against the offending intruders. Williams says that had someone been shot, government "MAY" have done something to resolve an 84% overlap into Gitanyow territory by the Nisga'a and government. Williams added that this interrogation is just another tactic by government and Nisga'a to intimidate, muzzle and suppress very real problems on the ground which have not been addressed.

The "fight" Harry Daniels referred to centers around court action against the Crown in Luux Hon vs. the Queen, which is a direct result of the governments signing the Nisga'a deal without resolving the serious implications it has for the Gitanyow. The Crown appeal of the first declaration - which legally and financially obligate the Crown to first nations in treaty negotiations - will be heard in Vancouver later this month.

So as the Nisga'a and their political supporters celebrate, the Gitanyow continue to struggle with a government that is unwilling to get involved in "tribal disputes," something it denies having anything to do with, even though Gitanyow's traditional boundaries were exhaustively documented and presented to the Nisga'a and governments long before any agreements-in-principle. It's the old divide and conquer tactic alive and well into the new millennium.

The Gitanyow will have their day in court to prove who occupied the land since time immemorial....and will continue to do so even in the wake of Nisga'a celebrations.

Signed,
Sindihl (Robert Good)
Gitanyow Hereditary Chief

GITANYOW, B.C. - Today the Gitanyow Hereditary Chiefs are calling on Canada to make important amendments to the Nisga'a bill currently before Parliament. The Gitanyow also request that Canada have the Standing Committee on Aboriginal Affairs visit and hold a hearing in Gitanyow.

The fact is 84% of Gitanyow territory is included in the Nisga'a Final Agreement and this issue is still before the B.C. Supreme Court. Initial judgments in place make it very likely the Nisga'a deal - as presently worded - will be found to be unconstitutional. If this issue is settled now stability will be reached, otherwise problems will continue and may escalate into further violence and confusion on the land.

The Gitanyow were forced to take Canada and B.C. to court in March of 1998 to get negotiations started. The court decided in favor of the Gitanyow, telling the Crown it has a legal duty to negotiate treaties in good faith. Absurd as it may sound, the Crown is appealing that ruling. The appeal is set to be heard in May.

The second part of the Gitanyow trial (Luuxhon v. the Queen), set to be heard after September, will determine whether or not the Crown breached its duty to negotiate in good faith by signing the Nisga'a Final Agreement - which encompasses lands and resources over which they are negotiating with the Gitanyow at the same time. The government asked that the trial be postponed until this date and is acting in bad faith by attempting to pass the Nisga'a legislation before the court decides this case.

The Nisga'a treaty is supposed to bring certainty to all Canadians but falls gravely short of this goal. The Crown - in right of Canada and B.C. - has granted fee simple sites which fall well within Gitanyow traditional territory. In addition, Wildlife and Fisheries Management Areas would give authority over 84 % of Gitanyow homelands to the Nisga'a.

Chief negotiator Glen Williams says the Gitanyow have always stated that they have never been opposed to a Nisga'a treaty and support its neighbors in achieving an agreement…

"but it has to be in their own territory not ours!" Williams adds, "The documentary record clearly states that the Gitanyow Houses have and continue to have aboriginal title and rights to the Mid-Nass River Watershed in Northwest British Columbia, and no certainty will be achieved in this treaty. Certainty can only be achieved through the recognition and reconciliation of interests we already have in law and in the Constitution. If Canada fast tracks this bill without correcting present failures, the bill will be defective."

Meanwhile the Gitanyow Chiefs have been back at the bargaining table in accelerated treaty negotiations with Canada and B.C. The governments say they are committed to tabling an offer to the Gitanyow by November 29th. The Crown maintains there are mechanisms in place to deal with the overlap issue and that the two First Nations have to "work it out themselves." If the Nisga'a treaty is approved by Parliament, however, this will never happen.

Williams says clauses 34 and 35 in the General Provisions of the Nisga'a Treaty

"do not adequately provide the protection from land grabs and conflicts on the land. If Canada is serious about negotiating in good faith and level playing fields, they would provide sufficient resources to work towards a solution to the very serious issues caused by the Nisga'a treaty, which were unresolved in the B.C. legislative debate. Although Gitanyow has tabled a detailed and responsive Agreement in Principle, Canada has put off tabling a response and instead is rushing the Parliamentary debate on the Nisga'a bill."

Williams says,

"The time is now - these issues must and need to be addressed in Ottawa because we've been trying for the last 15 years to resolve this overlap and it's had a huge financial burden. The accelerated treaty negotiations - because of a lack of resources - are now at risk. Our ability to address these grave concerns has been greatly diminished and rests entirely on the Crown's fiduciary obligation to the Gitanyow. We want peace on the land…we are all here to stay and we are not going away!"

The Gitanyow Chiefs are asking for an immediate meeting with Prime Minister Jean Chretien.

OTTAWA - On June 7th - 10th, Gitanyow Hereditary Chiefs met with Parliamentarians, Senators and Policy Advisors in an effort to create awareness and dialogue on the infringement of Gitanyow rights and territories in the Nisga’a Final Agreement.

Chiefs were stunned to learn that almost no one in Ottawa knew who the G’yet are and what devastating impact the Nisga’a treaty has upon Gitanyow’s constitutional rights to the land. In a brief handed out to Government House members for debate, the Gitanyow received nary a mention. Some said this is an “indian matter” best left for the People to “sort it out.” But after four days of high level meetings, Chiefs Sindihl, Haits'imsxw, Biiyoosxw, and Yoopxa (Elmer Derrick) were able to gain sympathy and support of Gitanyow’s fight for their rights. The meetings set the stage for planned lobby/ public awareness efforts in the fall.

For more information contact:
Glen Williams, Gitanyow Chief Negotiator
Vancouver: 604-685-1229 Cell: 250-635-0223
Gitanyow: 250-849-5373 (H): 849-5449

GITANYOW - The Gitanyow Hereditary Chiefs and the Federal and Provincial governments headed back to the negotiating table this month to try and hammer out an Agreement-in-Principle by the year 2000.

After a year away for legal action in Luuxhon v. the Queen, the chiefs are trying to pick up where they left off before talks broke down.

An abeyance agreement - signed by all three parties in May - includes a timeline for the Crown to table an offer by October and sign an AIP by January. All parties have agreed to accelerate treaty negotiations to deal with issues of timing and the Gitanyow model of certainty and treaty making.

The resumption of negotiations comes with the condition that Gitanyow hold off on Luuxhon court proceedings against the Crown - B.C. and Ottawa - in the second declaration for up to a year.

The second declaration in Luuxhon will determine whether or not the Province and Canada negotiated in good faith by signing the Nisga’a Final Agreement. In turn the Crown agrees to put off its appeal of the first declaration laid out in Luuxhon on March 23, 1999. B.C. Supreme Court Justice Williamson decided the Crown has a legal and fiduciary obligation to negotiate in good faith, which extends to all First Nations. The Crown argues the courts have no place in treaty negotiations - insisting only on a, “moral, political and honorable duty” to negotiate in good faith.

In opening statements made at the treaty table on June 30th, Assistant Chief Negotiator Herb Russell said that,

"Gitanyow has Aboriginal rights recognized in the Constitution and Canada and British Columbia must recognize these rights and protect these rights for future generations. Gitanyow does not agree with the cede, release and surrender model - the law of the land no longer accepts this."

For more information contact:
Glen Williams, Gitanyow Chief Negotiator
Vancouver: 604-685-1229 Cell: 250-635-0223
Gitanyow: 250-849-5373 (H): 849-5449

GITANYOW - The Gitanyow Chiefs and the Federal and Provincial governments are heading back to the negotiating table next month. After a year away for legal action in Luuxhon v. the Queen, the chiefs hope to pick up where all parties left off before talks broke down. A timeline has been laid out which includes a treaty offer in October and an Agreement-in-Principle by January 2000.

The resumption of negotiations comes with the condition that Gitanyow hold off on Luuxhon court proceedings against B.C. and Ottawa - in the second declaration - for up to a year. That declaration will deal with whether or not the Province and Canada negotiated in good faith by signing the Nisga’a treaty. The hereditary chiefs are fighting the allocation of 84% of Gitanyow traditional territory to the Nisga’a in the Nisga'a Final Agreement.

In turn, the Crown - B.C. and Ottawa - agree to put off its appeal of the ruling in the first declaration of Luuxhon in March. British Columbia Supreme court Justice Williamson decided the Crown has a legal and fiduciary obligation to negotiate in good faith. Government argues the courts have no place in treaty negotiations and that it only has a political, moral and honourable duty to negotiate in good faith.

Chief negotiator Glen Williams says the chiefs are happy to get back to the bargaining table and that things are finally moving in a positive direction. He says he hopes all parties can begin dealing with substantive issues with the spirit and intent of sec. 35(1) - of the constitution - and the issue of certainty for all parties. "Certainty for us it is not about cede, surrender and release of aboriginal title."

Williams adds,

"We want a treaty that is fair and practical as well as being very affordable. We already have a framework agreement in place and done our homework, let’s see if governments will behave themselves and negotiate in good faith."

Although the chiefs have agreed to put off the second part in Luuxhon v. the Queen, the Gitanyow still have the opportunity to get back into court if talks break down over the summer.

For more information contact:
Glen Williams, Gitanyow Chief Negotiator
Vancouver: 604-685-1229 Cell: 250-635-0223
Gitanyow: 250-849-5373 (H): 849-5449

GITANYOW, BC - Today Madame Justice Prowse of the B.C. Court of Appeals granted the Crown - in right of B.C. and Canada - leave to appeal concerning the March 23, 1999 decision of the Supreme Court of British Columbia in Luuxhon.

The B.C. Supreme Court decided that the Crown, once in treaty negotiations with a First Nation, has a legal duty to negotiate in good faith. It further ruled that this duty is based on the Crown's fiduciary obligation to the Gitanyow and all Aboriginal peoples. The decision backs up earlier court victories First Nations have gained in cases such as Delgamuukw and Nunavik Inuit - in Northern Labrador.

The Crown's reason for the appeal is to seek clarification "on the appropriate role of the court in supervising on-going treaty negotiations in B.C." Both governments argue that "good faith" is ensured through the process set up under the B.C. Treaty Commission.

Gitanyow chief negotiator Glen Williams says the Luuxhon ruling gives hope to Aboriginal groups that treaty making can be improved with

"at least the absence of any appearance of sharp dealing, disclosure of relevant factors and negotiation without oblique motives."

"Luuxhon obliges government to conduct themselves properly when dealing with aboriginal rights and title, something they're clearly not committed to. Again, where is the honor of the Crown ?"

Williams reiterates that the Crown's appeal of Luuxhon is a clear signal from both governments on their motive to ignore and undermine the Luuxhon and Delgamuukw decisions - and also to avoid the scrutiny of a truly neutral body.

"The motive is that the Crown does not want to change their model of offering only land and cash, in return for extinguishment of aboriginal rights and title to our territories."

The dates for the Crown's appeal hearings in Luuxhon will be set at a later date.

Meanwhile the Gitanyow have been in discussions with both governments during the past 2 months on an abeyance agreement to revitalize treaty negotiations and are awaiting a response from the Province. The Gitanyow are also seeking dates on the second part of the Luuxhon case - whether or not the Crown breached its duty to negotiate in good faith by signing the Nisga'a Final Agreement - which may be slated for late November 1999.

GITANYOW - The province appears in court today trying to halt Gitanyow Hereditary Chiefs from challenging the Nisga’a Final Agreement in B.C. Supreme Court on November. 23.

The hereditary chiefs are making a case that the province did not conduct treaty negotiations with them in good faith when B.C. negotiators decided to give the Nisga’a control of natural resources on 84 % of Gitanyow territory in the Nisga’a Final Agreement.

The action by B.C. is the latest in a series of legal challenges the provincial government has thrown at the Gitanyow in order to stop them from making an argument in B.C. Supreme Court.

This is the fourth attempt by the provincial government to keep us from arguing our case, said Gitanyow chief negotiator Glen Williams. It makes us angry that again it’s just stalling tactics and attempting to delay on their part. The Nisga’a Final Agreement contemplates that we would use the courts to prove our claim but whenever we attempt to do that the province gets very hostile and very aggressive.

The B.C. Supreme Court has set aside November. 23-28 to hear the Gitanyow case. The hereditary chiefs will argue that the manner in which the province conducted treaty negotiations contravenes First Nations rights outlined in s. 35(1) of the Constitution. The province will argue today that the Gitanyow case is more complicated than a negotiating in good faith issue and requires full trial which could mean a delay of more than a year for a court date.

The province is trying to find every little excuse to try to delay us, said Williams. By awarding others control of our natural resources, they are cutting off our food supply. The land and rivers sustain the Gitanyow people. Our aboriginal laws continue to apply on our territory. What they are doing is invading, and that is a violation of our most supreme law.

The Gitanyow began treaty negotiations under the B.C. Treaty Commission in 1994. The hereditary chiefs have made repeated attempts in that process and during the last 14 years to negotiate a settlement with the Nisga’a. The recent Delgamuukw ruling in the Supreme Court of Canada supports the Gitanyow strategy by stating the is an obligation to negotiate on the issues of territorial overlap. The first come, first served policy of the provincial government in awarding territory under treaty negotiations, exemplified by the Nisga’a Final Agreement, is a recipe for chaos considering the number of First Nations involved in the B.C. treaty process and the number of overlap issues.

For more information contact:
Glen Williams, Gitanyow Chief Negotiator
Vancouver: 604-685-1229 Cell: 250-635-0223
Gitanyow: 250-849-5373 (H): 849-5449

GITANYOW - The Gitanyow Hereditary chiefs remain optimistic with respect to their court action in which they are seeking the guidance of the court in setting out guidelines for the Crown, in right of Canada and British Columbia, in treaty negotiations.

The court case has been divided into two phases, the first will determine whether there is a legal obligation on Canada and British Columbia to negotiate in good faith when they have committed to enter into treaty negotiations.

This phase of the trial is with respect to whether or not, if there is such a duty to negotiate in good faith, Canada and/or British Columbia have breached that duty by entering into a Final Agreement with the Nisga’a which encompasses lands and resources over which they are negotiating with the Gitanyow at the same time. Justice Williamson, of the Supreme Court of British Columbia, has ruled that the second phase should be heard at a trial. That trial has not yet been scheduled.

On this Friday, December 18, 1998, Canada and British Columbia will argue that much of the evidence relied upon by the Gitanyow in support of the contention that Canada has a duty to negotiate in good faith should not be before the court. The Gitanyow however, are arguing that the court should be aware of the contents of the Final Agreement and the Agreement-in-Principle. The Gitanyow are also arguing that the court should be aware of the agreement by Canada to negotiate a treaty with the Gitanyow.

The hearing is to be heard before Justice Williamson on Friday, December 18, 1998. He will then determine what evidence should be brought before him in the week of January 18, 1999.

For more information contact:
Glen Williams, Gitanyow Chief Negotiator
Vancouver: 604-685-1229 Cell: 250-635-0223
Gitanyow: 250-849-5373 (H): 849-5449

GITANYOW - Gitanyow Hereditary Chiefs are "angered and disappointed" at the latest reports suggesting Ottawa won't wait for B.C. on the Nisga'a Treaty. Media reports say the Federal government will not wait until the Nisga'a Final Agreement is passed through the B.C. Legislature before beginning debate in the House of Commons sometime this week.

B.C. Aboriginal Affairs Minister Gordon Wilson says he has reached an agreement with his federal counterpart Jane Stewart to allow Ottawa to proceed. Wilson says the landmark treaty is expected to be introduced in Parliament the week of March 15th.

Gitanyow Chief Negotiator Glen Williams has again written the Federal Indian Affairs Minister requesting a confirmation that Canada will not proceed to ratify the Nisga'a Final Agreement until a treaty has been concluded between the Crown and the Gitanyow; or until such time as the Gitanyow receive assurances acceptable to them that those portions of the Nisga'a treaty that affect Gitanyow will not be brought into force pending the conclusion of the Gitanyow treaty. Williams says "failure to do so will leave the hereditary chiefs with no alternative to seriously consider instituting appropriate legal proceedings in federal court."

The Gitanyow's comprehensive claim to about 6,500 square miles in the mid-Nass valley was accepted for negotiation by both governments in 1994 under the "made-in-B.C." treaty process which is currently in stage 4, the negotiation of an agreement-in-principle. However, exclusive rights to resources covering 84% of Gitanyow territory were granted to the Nisga'a in their final agreement. The province has made it clear the Nisga'a treaty is inviolate.

Gitanyow treaty negotiator Herb Russell says "the chiefs are extremely exasperated by the government's lack of political will to address Gitanyow's concerns about the Nisga'a treaty." Russell says the Wilson-Stewart agreement creates an air of government distrust which "will force the Gitanyow into taking direct action."

Meanwhile, the chiefs continue their anxious vigil for a ruling by Justice Williamson in B.C. Supreme Court on whether or not the Crown has a legal obligation to negotiate in good faith. In January, the Crown argued vigorously that the courts have no place in legally binding governments involved in good faith negotiations. The governments maintain they only have a "moral, honorable and political duty" to negotiate in good faith.

For more information contact:
Glen Williams, Gitanyow Chief Negotiator
Vancouver: 604-685-1229 Cell: 250-635-0223
Gitanyow: 250-849-5373 (H): 849-5449

GITANYOW - Today the Gitnayow Hereditary Chiefs celebrate a unique ruling in their favor by Justice Williamson of the B.C. Supreme Court. The Chiefs have been seeking guidance from the court in setting out guidelines for the Crown - in Right of British Columbia and Canada - in treaty negotiations.

In January, the hereditary chiefs made a strong case that the Province did not conduct treaty negotiations with them in good faith when B.C. negotiators gave the Nisga'a control of the natural resources on 84% of Gitanyow traditional territory in the Nisga'a Final Agreement. The Crown has argued that the courts have no place in treaty negotiations and that it only has a "moral, political and honorable" duty to negotiate in good faith. However, in his landmark ruling, Justice Williamson stated that the Crown - once it has agreed to enter treaty negotiations with a First Nation - is bound by law to negotiate treaties in good faith which includes "at least the absence of any appearance of sharp dealing, disclosure of relevant factors and negotiation without oblique motives." The judgment reinforces the important role for the courts in helping to determine the duties of the parties in the treaty process - and that "negotiations and litigation are not necessarily incompatible."

The ruling is unique because it is the first time the issue has been fully considered in B.C. and only the third judgment in Canadian jurisprudence. The ruling applies to all treaty negotiations between the Crown and B.C. First Nations - and that the courts do have a role in supervising and ensuring those negotiations are conducted in good faith. The judgment finds that the duty is a constitutional one and that legislation establishing the B.C. Treaty Process must be examined in light of section 35(1) of the constitution.

Gitanyow Chief negotiator Glen Williams says the ruling "transcends politics by depoliticizing the treaty process." He adds, "now the Crown has to come to the table with clean hands. The two governments must now live up to their promise that they can negotiate without regard to the Nisga'a final agreement. The Nisga'a, Canada and British Columbia have all agreed to this in general provisions outlined in section 35 of the Nisga'a treaty and cannot be used by the Crown to restrict the scope of Gitanyow negotiations when it come to lands and resources. The province must also appoint a chief negotiator now so we can continue treaty negotiations and resolve the Nisga'a overlap."

For more information contact:
Glen Williams, Gitanyow Chief Negotiator
Vancouver: 604-685-1229 Cell: 250-635-0223
Gitanyow: 250-849-5373 (H): 849-5449

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